What is Whistleblower Protection?

Workers who stand up to unlawful conduct in their place of work are known as “whistleblowers”. There are both state and federal laws that protect workers from retaliation on behalf of employers when they disclose information that they believe involves the violation of the law. These laws also protect workers against the refusal to participate in activities that would otherwise violate local laws, state laws, and/or federal laws. If you believe you are facing retaliation at work because you reported an employer’s wrongdoing or are considering reporting the wrongdoing, contact an experienced San Bernardino attorney to learn more about your rights and legal options. 

Who Are Whistleblowers?

Whistleblowers can be workers from any public and private business, such as:

• Educational entities, 
• Private businesses,
• Public corporations, 
• Government entities, and
• Political subdivisions

For the most part, workers become whistleblowers when they file a report of their employer’s unlawful wrongdoings. Commonly, violations or wrongdoings reported include the employer’s:

• Failure to adhere to health and safety regulations, 
• Failure to abide by public policy or local regulations, 
• Violation of state and/or federal law(s), and
• Committing fraud against clients or customers

A person can also be considered a whistleblower when he or she helps investigators who are looking into alleged employer misconduct or has testified in a trial related to an investigation. 

The Whistleblower Protection Act

California’s Labor Code §1102.5, known as the Whistleblower Protection Act, represents California’s broad public policy interest to encourage workers to report illegal acts in the workplace without the fear of retaliation. Based on this law, workers who report such violations are protected whether they report the illegal incident internally or to an external public agency. Moreover, the law protects both public and private workers. 

Under this law, it is unlawful for employers to: 

• Retaliate against a worker who is refusing to engage in an activity or work duty that could constitute a violation of state or federal laws. 
• Enforce or institute work policies that could deter and/or prevent workers from being whistleblowers.
• Retaliate against a worker who has become a whistleblower against him or her or who has been a whistleblower in the past. 

Obtain the Experienced Legal Support of an Employment Law Attorney

Whether you are considering reporting an employer’s illegal conduct or are facing retaliation because of your reporting, obtain the legal support of a qualified employment law attorney to learn more about your rights and legal options. 

About the Author:

Joel Smith